PART IAERONAUTICS

Application of Part

Marginal note:Application of Part

4. (1) Subject to any regulations made pursuant to paragraph 4.9(w), this Part applies in respect of aeronautics to all persons and to all aeronautical products and other things in Canada, to all persons outside Canada who hold Canadian aviation documents and to all Canadian aircraft and passengers and crew members thereon outside Canada.

Marginal note:Application of foreign law

(2) Every person exercising the privileges accorded by a Canadian aviation document in a foreign state and every Canadian aircraft operated in a foreign state shall comply with or be operated in accordance with the applicable aeronautics laws of that state.

Marginal note:Conflicts

(3) Nothing in this Part shall be construed as requiring a person or aircraft to contravene or be operated in contravention of a law of a foreign state that applies to or in respect of the person or aircraft.

R.S., 1985, c. A-2, s. 4;

R.S., 1985, c. 33 (1st Supp.), s. 1;

1992, c. 4, s. 2.

Marginal note:Contraventions outside Canada

4.1 Every person who commits an act or omission outside Canada that if committed in Canada would be a contravention of a provision under this Part shall be deemed to have committed a contravention of the provision under this Part and may be proceeded against and punished in the place in Canada where the person is found as if the contravention had been committed in that place.

R.S., 1985, c. 33 (1st Supp.), s. 1;

1992, c. 4, s. 3.

Responsibilities of Minister

Marginal note:Minister’s responsibilities respecting aeronautics

4.2 (1) The Minister is responsible for the development and regulation of aeronautics and the supervision of all matters connected with aeronautics and, in the discharge of those responsibilities, the Minister may

(a) promote aeronautics by such means as the Minister considers appropriate;

(b) construct, maintain and operate aerodromes and establish and provide other facilities and services relating to aeronautics;

(c) establish and provide facilities and services for the collection, publication or dissemination of information relating to aeronautics and enter into arrangements with any person or branch of government for the collection, publication and dissemination of that information;

(d) undertake, and cooperate with persons undertaking, such projects, technical research, study or investigation as in the opinion of the Minister will promote the development of aeronautics;

(e) control and manage all aircraft and equipment necessary for the conduct of any services of Her Majesty in right of Canada;

(f) establish aerial routes;

(g) cooperate with officers of Her Majesty in right of Canada and assist them in providing any services under their jurisdiction that may require any aerial work and collaborate with officers employed in aviation services of Her Majesty in such extension of their work as the development of aeronautics may require;

(h) take such action as may be necessary to secure by international regulation or otherwise the rights of Her Majesty in right of Canada in international air traffic;

(i) cooperate with officers of Her Majesty in right of Canada on all matters relating to defence;

(j) cooperate or enter into administrative arrangements with aeronautics authorities of other governments or foreign states with respect to any matter relating to aeronautics;

(k) investigate, examine and report on the operation and development of commercial air services in, to or from Canada;

(l) provide financial and other assistance to persons, governments and organizations in relation to matters pertaining to aeronautics;

(m) for the purposes of providing aviation weather services that will ensure the safety, regularity and efficiency of aircraft operation, enter into arrangements with any branch of the Government of Canada that is capable of and responsible for providing those services or, where those arrangements cannot be made, enter into arrangements with any person or organization with respect to the provision of those services in such form and manner and at such places as the Minister considers necessary;

(2) Investigations of military-civilian occurrences, as defined in Part II, shall be carried out in accordance with that Part by the Airworthiness Investigative Authority, designated by the Minister under section 12.